40-Hour Labor Reform: Will the Workweek Really Be Reduced or Is There a Hidden Trap?

In the middle of this month, the controversy over reducing the workweek to 40 hours intensified when Jorge Álvarez Máynez, a leader of Movimiento Ciudadano, publicly questioned the viability of the initiative. The politician argued that the proposed project constitutes a “simulation” of real change, mainly because its implementation will be gradual until 2030 and, in his view, allows for extending overtime hours up to 12 per day, which in practice would nullify any benefit for workers.

The criticism sparked a wave of responses on social media. Many users pointed out that the gradual implementation had already been announced months ago, and that extending overtime hours is not a new aspect of the project. Some defended the scheme, arguing that overtime remains voluntary and that many workers need it to supplement their income. However, the question remains: will overtime really reach up to 12 hours per day under the new labor reform?

What does the reform actually establish about overtime?

The initiative discussed this February includes specific provisions regarding overtime work. First, the reform explicitly prohibits minors from performing extra work. More importantly, it sets a clear limit: the total of regular and overtime hours cannot exceed 12 hours in a single day.

The proposed distribution is flexible: overtime can be divided into increments of up to four additional hours per day, always within a maximum of four days in the reference period. A key aspect to highlight is that overtime will remain entirely voluntary for the worker, and its compensation remains high: paid at double or triple the hourly wage of a regular hour, without being counted as part of the standard workday.

Comparison: current situation versus the new regulation

According to data from the Federal Labor Defense Attorney’s Office (Profedet), current legislation allows up to 9 hours of overtime per week, typically distributed as three extra hours on three workdays. When these 9 hours are exceeded, compensation increases to triple the equivalent hourly rate.

With the new reform, there is indeed a quantitative increase in permitted overtime hours, but with important nuances. Considering that the workweek is distributed over six days with a reduction to 40 hours, each daily shift would be around 6.6 hours. If the permitted overtime—up to three hours on four days according to the agreement between employer and employee—is added, the practical daily workday would rise to approximately 9.6 hours.

Balancing flexibility and labor protection

The key to understanding the reform lies in its emphasis on voluntariness. Although mathematically it is possible to reach 12 hours per day, this would only happen if the worker explicitly agrees to perform overtime. The reform aims to balance labor modernization with worker protection, allowing those who need additional income to access it, while others can maintain a shorter workday.

The fact is that the gradual implementation until 2030 allows for progressive adjustments as both companies and workers adapt to the new regulatory scheme. The debate over whether this represents real progress or a legislative maneuver will continue, but the numbers in the reform are clear: maximum of 12 hours per day, but voluntary for overtime.